Beyond Religious Identity: Constitutional Tension Between Minority Rights And Affirmative Actions
Milonee Dubey, B.A. LL.B., Symbiosis Law School, Hyderabad
ABSTRACT
Indian Constitution aims to balance the concepts of equality, secularism, social justice and protection of minority rights in a single constitutional framework. This article analyses the conflict between the principles of minority rights and affirmative action in the context of social and educational backwardness of members of religious minorities. Articles 14, 15 and 16 have declared that everyone is equal and that there is no discrimination based on religion, but Articles 15(4), 15(5), 15(6), and 16(4) allow for affirmative action for constitutionally recognised disadvantaged groups. Hence, the study considers whether reservations for religious minorities can be held constitutionally without making it a "religion-based reservation". It discusses the constitutional provisions, judicial interpretation, current issues of the definition of OBCs and the significance of empirical evidence in determining backwardness. The article also discusses the Indian system vis-à-vis the United States, including the Equal Protection Clause and the Supreme Court's interpretation of identity-conscious affirmative action. The study posits that when minority protection and affirmative action are compared, they are two distinct constitutional tools, and there is an overlap only when there is an objective social and educational disadvantage. It ends by recommending the evidence-based classification, transparency of institutions, periodic review, increased judicial supervision, and better collection of socio-economic data to guarantee that affirmative action is in compliance with equality, secularism, and substantive social justice.
Keywords: Minority Rights; Affirmative Action; Religious Minorities; Reservation; Substantive Equality.
